Canada Customs Preclearance Bill C-23

19 April 2017

A new bill would give American border guards more authority in Canada. Bill C-23 would give preclearance officers who work for U.S. Customs and Border Protection on Canadian soil the power to question, search and detain Canadians travelling to the United States via preclearance facilities at select Canadian airports.

Bill C-23 was started to speed customs procedures that slowed down as a result of 9-11, and recently passed a second reading in the House of Commons. It would give preclearance officers who work for U.S. Customs and Border Protection on Canadian soil the power to detain Canadians travelling to the United States who are clearing customs at preclearance facilities at select Canadian airports.

Immigration experts are concerned about the legal implications of Bill C-23 for the current 12million Canadians who go through preclearance at 8 Canada airports. The bill was first negotiated between the governments of former prime minister Stephen Harper and former US president Barack Obama as part of the Beyond the Border agreement. Canadian federal government has pointed to the fact that the bill establishes that preclearance officers’ duties and functions will be subject to Canadian law.

If passed, Bill C-23 will:

allow US border guards to carry guns on Canadian soil

increase the number of airports in Canada that have US pre-clearance

require travellers who want to withdraw their application if asked a question they feel is inappropriate to answer questions about why they are withdrawing

permit US Customs agents to strip search Canadians if their Canadian counterparts are not available to conduct a search when notified

Evelyn Ackah, founder and managing lawyer at Ackah BusinessImmigration Law, is at the forefront of legal and policy immigration developments to ensure her clients are fully compliant with the latest regulatory and policy changes, and that they understand the nuances and impacts of these changes to their business and their people.